fotrv. 
it™ 


Mil     d(/i     IUI      Hie 

Conf  Pam  12mo  #4 


A^N  ACT 


FOR    THE 


SEQUESTRATION 


PROPERTY  OF  ALIEN  ENEMIES. 


ADOPTED  AUGUST  30,  1861 


RICHMOND: 

TYLER,  WISE,   ALLEGRE   &     SMITH. 
ENQUIRER    BOOK    AND    JOB    OFFICE. 

1861. 


No.  269.]  AN  ACT 

For  the  Sequestration  of  the  Estates,  Property  and  Effects 
of  alien  Enemies,  and  for  the  indemnity  of  citizens  of  the 
Confederate  States,  and  persons  aiding  the  same  in  the 
existing  war  with  the  United  States. 

Whereas,  The  Government  and  people  of  the  United 
States  have  departed  from  the  usages  of  civilized  warfare  in 
confiscating  and  destroying  the  property  of  the  people  of  the 
Confederate  States  of  all  kinds,  whether  used  for  military 
purposes  or  not ;  and  whereas,  our  only  protection  against 
such  wrongs  is  to  be  found  in  such  measures  of  retaliation 
as  will  ultimately  indemnify  our  own  citizens  for  their  losses, 
and  restrain  the  wanton  excesses  of  our  enemies  :  Therefore — 

Section  1 .  Be  it  enacted  by  the  Congress  of  the  Confederate 
States  of  America,  That  all  and  every  the  lands,  tenements 
and  hereditaments,  goods  and  chattels,  rights  and  credits 
within  these  Confederate  States  and  every  right  and  inter- 
est therein  held,  owned,  possessed  or  enjoyed  by  or  for  any 
alien  enemy  since  the  twenty-first  day  of  May,  one  thou- 
sand eight  hundred  and  sixty-one,  except  such  debts  due  to 
an  alien  enemy  as  may  have  been  paid  into  the  Treasury  of 
any  one  of  the  Confederate  States  prior  to  the  passage  of  this 
law,  be,  and  the  same  are  hereby,  sequestrated  by  the  Confede- 
rate States  of  America,  and  shall  be  held  for  the  full  indem- 
nity of  any  true  and  loyal  citizen  or  resident  of  these  Con- 
federate States,  or  other  person  aiding  said  Confederate  States 
in  the  prosecution  of  the  present  war  between  said  Confed- 
erate States  and  the  United  States  of  America,  and  for 
which  he  may  suffer  any  loss  or  injury  under  the  act  of  the 
United  States  to^which  this  act  is  retaliatory,  or  under  any 
other  act  of  the  United  States,  or  of  any  State  thereof 
authorizing  the  seizure,  condemnation,  or  confiscation  of 
the  property  of  citizens  or  residents  of  the  Confederate 
States,  or  other  person  aiding  said  Confederate  States,  and 
the  same  shall  be  seized  and  disposed  of  as  provided  for  in 
this  Act :  Provided,  however,  When  the  estate,  property  or 
rights  to  be  effected  by  this  Act  were,  or  are,  within  some 
State  of  this  Confederacy,  which  has  become  such  since  said 


t+5tfcS 


twenty-first  day  of  May,  then  this  Act  shall  operate  upon, 
and  as  to  such  estate,  property  or  rights,  and  all  persons 
claiming  the  same  from  and  after  the  day  such  State  so  be- 
came a  member  of  this  Confederacy,  and  not  before  :  Pro- 
vided, further,  That  the  provisions  of  the  Act  shall  not  ex- 
tend to  the  stocks  or  other  public  securities  of  the  Confederate 
Government,  or  of  any  of  the  States  of  this  Confederacy 
held  or  owned  by  any  alien  enemy,  or  to  any  debt,  obliga- 
tion, or  sum  due  from  the  Confederate  Government,  or  any 
of  the  States  to  such  alien  enemy  :  And  provided,  also, 
That  the  provisions  of  this  Act  shall  not  embrace  the  pro- 
perty of  citizens  or  residents  of  either  of  the  States  of 
Delaware,  Maryland,  Kentucky  or  Missouri,  or  of  the  Dis- 
trict of  Columbia,  or  the  territories  of  New  Mexico,  Arizona, 
or  the  Indian  Territory  South  of  Kansas,  except  such  of 
said  citizens  or  residents  as  shall  commit  actual  hostilities 
against  the  Conlederate  States,  or  aid  and  abet  the  United 
States  in  the  existing  war  against  the  Confederate  States. 

Sec  2.  And  be  it  further  enacted,  That  it  is,  and  shall  be, 
the  duty  of  each  and  every  citizen  of  these  Confederate 
States  speedily  to  give  information  to  the  officers  charged 
with  the  execution  of  this  law  of  any  and  every  lands, 
tenements  and  hereditaments,  goods  and  chattels,  rights 
and  credits  within  this  Confederacy,  and  of  every  right  and 
interest  therein  held,  owned,  possessed  or  enjoyed  by  or  for 
any  alien  enemy  as  aforesaid. 

Sec  3.  Be  it  further,  enacted,  That  it  shall  be  the  duty  of 
every  attorney,  agent,  former  partner,  trustee  or  other  per- 
son holding  or  controlling  any  such  lands,  tenements  or 
hereditaments,  goods  or  chattels,  rights  or  credits,  or  any 
interest  therein,  of  or  for  any  such  alien  enemy,  speedily 
to  inform  the  Receiver  hereinafter  provided  to  be  appointed, 
of  the  same,  and  to  render  an  account  thereof,  and,  so  far 
as  is  practicable,  to  place  the  same  in  the  hands  of  such 
Receiver;  whereupon,  such  person  shall  be  fully  acquitted 
of  all  responsibility  for  property  and  effecU  so  reported  and 
turned  over.  And  any  such  person  wilfully  failing  to  give 
such  information  and  render  such  account  shall  be  guilty  of 
a  high  misdemeanor,  and  upon  indictment  and  conviction, 
shall  be  fined  in  a  sum  not  exceeding  five  thousand  dollars 
and  imprisoned  not  longer  than  six  months,  said  fine 
and  imprisonment  to  be  determined  by  the  court  trying  the 
case,  and  shall  further  be  liable  to  be  sued  by  said  Confede- 
rate States,  and  subjected  to  pay  double  the  value  of  the 


estate,  property  or  effects  of  the  alien  enemy  held  by  him 
or  subject  to  his  control. 

Sec.  4.  It  shall  be  the  duty  of  the  several  Judges  of  this 
Confederacy  to  give  this  Act  specially  in  charge  to  the  Grand 
Juries  of  these  Confederate  States,  and  it  shall  be  their  duty 
at  each  sitting  well  and  truly  to  enquire  and  report  all  lands, 
tenements  and  hereditaments,  goods  and  chattels,  rights  and 
credits,  and  every  interest  therein,  within  the  jurisdiction 
of  said  Grand  Jury,  held  by  or  for  any  alien  enemy,  and 
it  shall  be  the  duty  of  the  several  Receivers,  appointed 
under  this  Act,  to  take  a  copy  of  every  such  report,  and  to 
proceed  in  obtaining  the  possession  and  control  of  all  such 
property  and  effects  reported,  and  to  institute  proceedings 
for  the  sequestration  thereof  in  the  manner  hereinafter  pro- 
vided. 

Sec.  5.  Be  it  further  enacted,  That  each  Judge  of  this 
Confederacy  shall  as  early  as  practicable,  appoint  a  Re- 
ceiver for  each  section  ot  the  State  for  which  he  holds  a 
court,  and  shall  require  him,  before  entering  upon.the  duties 
of  his  office,  to  give  a  bond  in  such  penalty  as  may  be  pre- 
scribed by  the  Judge,  with  good  and  sufficient  security,  to 
be  approved  by  the  Judge,  conditioned  that  he  will  dili- 
gently and  faithfully  discharge  the  duties  imposed  upon  him 
by  law.  And  said  officer  shall  hold  his  office  at  the  pleasure 
of  the  Judge  of  the  district  or  section  for  which  he  is  ap- 
pointed, and  shall  be  removed  for  incompetency,  or  ineffi- 
ciency, or  infidelity  in  the  discharge  of  his  trust.  And 
should  the  duties  of  any  such  Receiver,  at  any  time,  appear 
to  the  Judge  to  be  greater  than  can  be  efficiently  performed 
by  him,  then  it  shall  be  the  duty  of  the  Judge  to  divide  the 
district  or  section  into  one  or  more  other  receivers'  districts, 
according  to  the  necessities  of  the  case,  and  to  appoint  a 
Receiver  for  each  of  said  newly  created  districts.  And 
every  such  Receiver  shall  also,  before  entering  upon  the 
duties  of  his  office,  make  oath  in  writing  before  the  Judge 
of  the  district  or  section  for  which  he  is  appointed,  dili- 
gently, well  and  truly  to  execute  the  duties  of  his  office. 

Sec  6.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  several  Receivers  aforesaid  to  take  the  possession,  con- 
trol and  management  of  all  lands,  tenements  and  heredita- 
ments, goods  and  chattels,  rights  and  credits  of  each  and 
every  alien  enemy  within  the  section  for  which  he  acts. 
And  to  this  end  he  is  empowered  and  required,  whenever 
necessary  for  accomplishing  the  purposes  of  this  Act,  to  sue 


3  1*>S> 


6 

for  and  recover  the  same  in  the  name  of  said  Confederate 
States,  allowing,  in  the  recovery  of  credits,  such  delays  as 
may  have  been,  or  may  be,  prescribed  in  any  State  as  to  the 
collection  of  debts  therein  during  the  war.  And  the  form 
and  mode  of  action,  whether  the  matter  be  of  jurisdiction  in 
law  or  equity,  shall  be  by  petition  of  the  court  setting  forth, 
as  best  he  can,  the  estate,  property,  right  or  thing  sought 
to  be  recovered,  with  the  name  of  the  person  holding,  exer- 
cising supervision  over,  in  possession  of  or  controlling  the 
same,  as  the  case  may  be,  and  praying  a  sequestration 
thereof.  Notice  shall  thereupon  be  forthwith  issued  by  the 
clerk  of  the  court,  or  by  the  Receiver,  to  such  person,  with 
a  copy  of  the  petition,  and  the  same  shall  be  served  by  the 
Marshal  or  his  deputy  and  returned  to  the  court  as  other 
mesne  process  in  law  cases ;  whereupon  the  c*use  shall  be 
docketed  and  stand  for  trial  in  the  court  according  to  the 
usual  course  of  its  business,  and  the  court  or  Judge  shall, 
at  any  time,  make  all  orders  of  seizure  that  may  seem  neces- 
sary to  secure  the  subject  matter  of  the  suit  from  danger  of 
loss,  injury,  destruction  or  waste,  and  may,  pending  the 
cause,  make  orders  of  sale  in  cases  that  may  seem  to  such 
Judge  or  court  necessary  to  preserve  any  property  sued  for 
from  perishing  or  waste  :  Provided,  That  in  any  case  when 
the  Confederate  Judge  shall  find  it  to  be  consistent  with  the 
safe-keeping  of  the  property  so  sequestered,  to  leave  the 
same  in  the  hands  and  under  the  control  of  any  debtor  or 
person  in  whose  hands  the  real  estate  and  slaves  were  seized, 
who  may  be  in  possession  of  the  said  property  or  credits,  he 
shall  order  the  same  to  remain  in  the  hands  and  under  the 
control  of  said  debtor  or  person  in  whose  hands  the  real  es- 
tate and  slaves  were  seized,  requiring  in  every  such  case 
such  security  for  the  safe-keeping  of  the  property  and  cre- 
dits as  he  may  deem  sufficient  for  the  purpose  aforesaid,  and 
to  abide  by  such  further  orders  as  the  court  may  make  in 
the  premises.  But  this  proviso  shall  not  apply  to  bank  or 
other  corporation  stock,  or  dividends  due  or  which  may  be 
due  thereon,  or  to  rents  on  real  estate  in  cities.  And  no 
debtor  or  other  person  shall  be  entitled  to  the  benefit  of  this 
proviso  unless  he  has  first  paid  into  the  hands  of  the  Re- 
ceiver all  interests  or  net  profits,  which  may  have  accrued 
since  the  twenty-first  May,  eighteen  hundred  and  sixty-one  ; 
and,  in  all  cases  coming  under  this  proviso,  such  debtor 
shall  be  bound  to  pay  over  annually  to  the  Receiver  all  in- 
terest which  may  accrue  as  the  same  falls  due ;  and  the  per- 


son  in  whose  hands  any  other  property  may  be  left  shall  be 
bound  to  account  for,  and  pay  over  annually  to  the  Receiver, 
the  net  income  or  profits  of  said  property,  and  on  failure  of 
such  debtor  or  other  person  to  pay  over  such  interest,  net 
income  or  profits,  as  the  same  falls  due,  the  Receiver  may 
demand  and  recover  the  debt  or  property.  And,  wherever, 
after  ten  days'  notice  to  any  debtor  or  person  in  whose  hands 
property  or  debts  may  be  left,  of  an  application  for  further 
security,  it  shall  be  made  to  appear  to  the  satisfaction  of  the 
court  that  the  securities  of  such  debtor  or  person  are  not 
ample,  the  court  may,  on  the  failure  of  the  party  to  give 
sufficient  additional  security,  render  judgment  against  all 
the  parties  on  the  bond  for  the  recovery  of  the  debt  or  pro- 
perty :  Provided,  further,  That  said  court  may,  whenever  in 
the  opinion  of  the  Judge  thereof  the  public  exigencies  may 
require  it,  order  the  money  due  as  aforesaid  to  be  demanded 
by  the  Receiver,  and  if  upon  demand  of  the  Receiver,  made 
in  conformity  to  a  decretal  order  of  the  court  requiring  said 
Receiver  to  collect  any  debts  for  the  payment  of  which  se- 
curity may  have  been  given  under  the  provisions  of  this 
Act,  the  debtor  or  his  security  shall  fail  to  pay  the  same, 
then  upon  ten  days'  notice  to  said  debtor  and  his  security, 
given  by  said  Receiver,  of  a  motion  to  be  made  in  said 
court  for  judgment  for  the  amount  so  secured,  said  court,  at 
the  next  term  thereof,  may  proceed  to  render  judgment 
against  said  principal  and  security,  or  against  the  party 
served  with  such  notice,  for  the  sum  so  secured  with  inte- 
rest thereon,  in  the  name  of  said  Receiver,  and  to  issue 
execution  therefor. 

Sec.  7.  Any  person  in  the  possession  and  control  of  the 
subject  matter  of  any  such  suit,  or  claiming  any  interest 
therein,  may,  by  order  of  the  court,  be  admitted  as  a  defen- 
dant and  be  allowed  to  defend  to  the  extent  of  the  interest 
propounded  by  him ;  but  no  person  shall  be  heard  in  defence 
until  he  shall  file  a  plea,  verified  by  affidavit  and  signed  by 
him,  setting  forth  that  no  alien  enemy  has  any  interest  in 
the  right  which  he  asserts,  or  for  which  he  litigates,  either 
directly  or  indirectly,  by  trust,  open  or  secret,  and  that  he 
litigates  solely  for  himself,  or  for  some  citizen  of  the  Confed- 
erate States  whom  he  legally  represents;  and  when  the 
defence  is  conducted  for  or  on  account  of  another,  in  whole 
or  part,  the  plea  shall  set  forth  the  name  and  residence  of 
such  other  person,  and  the  relation  that  the  defendant  bears 
to  him  in  the  litigation.     If  the  cause  involves  matter  which 


8 

should  be  tried  by  a  jury  according  to  the  course  of  the 
common  law,  the  defendant  shall  be  entitled  to  a  jury  trial. 
If  it  involves  matters  of  equity  jurisdiction,  the  court  shall 
proceed  according  to  its  usual  mode  of  procedure  in  such 
cases,  and  the  several  courts  of  this  Confederacy  may,  from 
time  to  time,  establish  rules  of  procedure  under  this  act,  not 
inconsistent  with  the  act  or  other  laws  of  these  Confederate 
States. 

Sec.  8.  Be  it  further  enacted,  That  the  clerk  of  the  court 
shall,  at  the  request  of  the  receiver,  from  time  to  time,  issue 
writs  of  garnishment,  directed  to  one  or  more  persons,  com- 
manding them  to  appear  at  the  then  sitting,  or  at  any  fu- 
ture term  of  the  court,  and  to  answer  under  oath  what  pro- 
perty or  effects  of  any  alien  enemy  he  had  at  the  service  of 
the  process,  or  since  has  had  under  his  possession  or  control 
belonging  to  or  held  for  an  alien  enemy,  or  in  what  sum,  if 
any,  he  is  or  was  at  the  time  of  service  of  the  garnishment, 
or  since  has  been  indebted  to  any  alien  enemy,  and  the  court 
.shall  have  power  to  condemn  the  property  or  effects,  or  debts, 
according  to  the  answer,  and  to  make  such  rules  and  orders 
for  the  bringing  in  of  third  persons  claiming  or  disclosed  by 
the  answer  to  have  an  interest  in  the  litigation  as  to  it  shall 
seem  proper  ;  but  in  no  case  shall  any  one  be  heard  in  respect 
thereto  until  he  shall,  by  sworn  plea,  set  forth  substantially 
the  matters  before  required  of  parties  pleading.  And  the 
decree  or  judgment  of  the  court,  rendered  in  conformity  to 
this  act,  shall  forever  protect  the  garnishee  in  respect  to  the 
matter  involved.  And  in  all  cases  of  garnishment  under 
this  act,  the  Receiver  may  test  the  truth  of  the  garnishee's 
answer  by  filing  a  statement,  under  oath,  that  he  believes 
the  answer  to  be  untrue,  specifying  the  particulars  in  which 
he  believes  the  garnishee  has,  by  omission  or  commission, 
not  answered  truly;  whereupon  the  court  shall  cause  an 
issue  to  be  made  between  the  Receiver  and  garnishee,  and 
judgment  rendered  as  upon  the  trial  of  other  issues.  And 
in  all  cases  of  litigation  under  this  act  the  Receiver  may 
propound  interrogatories  to  the  adverse  party  touching  any 
matter  involved  in  the  litigation,  a  copy  of  which  shall  be 
served  on  the  opposite  party  or  his  attorney,  and  which  shall 
be  answered  under  oath  within  thirty  days  of  such  service, 
and  upon  failure  so  to  answer,  the  court  shall  make  such 
disposition  of  the  cause  as  shall  to  it  seem  most  promotive 
of  justice,  or  should  it  deem  answers  to  the  interrogatories 
necessary  in    order   to    secure  a   discovery,  the   court  shall 


imprison  the  party  in  default  until  full  answers   shall  be 
made. 

Sec.  9.  It  shall  be  the  duty  of  the  District  Attorney  of 
the  Confederate  States,  diligently  to  prosecute  all  causes 
instituted  under  this  act,  and  he  shall  receive  as  a  compen- 
sation therefor  two  per  cent,  upon  and  from  the  fruits  of  all 
litigation  instituted  under  this  act :  Provided,  That  no  mat- 
ter shall  be  called  litigated  except  a  defendant  be  admitted 
by  the  court,  and  a  proper  plea  be  filed. 

Sec.  10.  Be  it  further  enacted,  That  each  Receiver  ap- 
pointed under  this  act  shall,  at  least  every  six  months,  and 
as  much  oftener  as  he  may  be  required,  by  the  court,  render 
a  true  and  perfect  account  of  all  matters  in  his  hands  or 
under  his  control  under  the  law,  and  shall  make  and  state  just 
and  perfect  accounts  and  settlements  under  oath  of  his  col- 
lections of  monies  and  disbursements  under  this  law,  stat- 
ing accounts  and  making  settlements  of  all  matters' sepa- 
rately, in  the  same  way  as  if  he  were  administrator  of  sev- 
eral estates  of  deceased  persons  by  separate  appointments. 
And  the  settlements  and  decrees  shall  be  for  each  case  or 
estate  separately,  so  that  the  transaction  in  respect  to  each 
alien  enemy's  property  may  be  kept  recorded  and  preserved 
separately.  No  settlement  as  above  provided  shall,  how- 
ever, be  made  until  judgment  or  decree  of  sequestration 
shall  have  passed,  but  the  court  may  at  any  time  pending 
litigation,  require  an  account  of  matters  in  litigation  and  in 
the  possession  of  the  Receiver,  and  may  make  such  orders 
touching  the  same  as  shall  protect  the  interest  of  the  parties 
concerned. 

Sec.  11.  When  the  accounts  of  any  receiver  shall  be 
filed  respecting  any  matter  which  has  passed  sequestration, 
the  Court  shall  appoint  a  day  for  settlement  and  notice 
thereof  shall  be  published  consecutively  for  four  weeks  in 
some  newspaper  near  the  place  of  holding  the  Court,  and 
the  clerk  of  the  Court  shall  send  a  copy  of  such  newspaper 
to  the  District  Attorney  of  the  Confederate  States,  for  the 
Court,  where  the  matter  is  to  be  heard,  and  it  shall  be  the 
duty  of  said  District  Attorney  to  attend  the  settlement  and 
represent  the  Government  and  to  see  that  a  full,  true  and 
just  settlement  is  made.  The  several  settlements  preceding 
the  final  one  shall  be  interlocutory  only,  and  may  be  im- 
peached at  the  final  settlements,  which  latter  shall  be  con- 
clusive, unless  reversed  or  impeached  within  two  years  for 
fraud. 


10 

Sec.  12.  Be  it  further  enacted,  That  the  Court  having 
jurisdiction  of  the  matter  shall,  whenever  sufficient  cause  is 
shown  therefor,  direct  the  sale  of  any  personal  property, 
other  than  slaves,  sequestered  under  this  act,  on  such  terms 
as  to  it  shall  seem  hest,  and  such  sale  shall  pass  the  title 
of  the  person  as  whose  property  the  same  has  been  seques- 
tered. 

Sec  13.  All  settlements  of  accounts  of  receivers  for  se- 
questered property  shall  be  recorded  and  a  copy  thereof 
shall  be  forwarded  by  the  clerk  of  the  Court  to  the  Trea- 
surer of  the  Confederate  States  within  ten  days  after  the 
decree,  interlocutory  or  final,  has  been  passed ;  and  all 
balances  found  against  the  Receiver  shall  by  him  be  paid 
over  into  the  Court,  subject  to  the  order  of  the  Treasurer  of 
the  Confederate  States,  and  upon  the  failure  of  the  Re- 
ceiver for  five  days  to  pay  over  the  same,  execution  shall 
issue  therefor,  and  he  shall  be  liable  to  attachment  by  the 
Court  and  to  suit  upon  his  bond.  And  any  one  embezzling 
any  money  under  this  Act  shall  be  liable  to  indictment, 
and  on  conviction  shall  be  confined  at  hard  labor  for 
not  less  than  six  months  nor  more  than  five  years,  in  the 
discretion  of  the  Court,  and  fined  in  double  the  amount  em- 
bezzled. 

Sec  14.  Be  it  further  enacted,  That  the  President  of  the 
Confederate  States,  shall,  by  and  with  the  advice  and  con- 
sent of  Congress,  or  of  the  Senate,  if  the  appointment  be 
made  under  the  permanent  Government,  appoint  three  dis- 
creet Commissioners,  learned  in  the  law,  who  shall  hold  at 
the  seat  of  Government  two  terms  each  year,  upon  notice 
given,  who  shall  sit  so  long  as  the  business  before  them 
shall  require ;  whose  duty  it  shall  be,  under  such  rules  as 
they  may  adopt,  to  hear  and  adjudge  such  claims  as  may  be 
brought  before  them  by  any  one  aiding  this  Confederacy  in 
the  present  war  against  the  United  States,  who  shall  allege 
that  he  has  been  put  to  loss  under  the  act  of  the  United 
States,  in  retaliation  of  which  this  act  is  passed,  or  under 
any  other  act  of  the  United  States,  or  of  any  State  thereof, 
authorizing  the  seizure,  condemnation  or  confiscation  of  the 
property  of  any  citizen  or  resident  of  the  Confederate 
States,  or  other  person  aiding  said  Confederate  States  in  the 
present  war  against  the  United  States,  and  the  finding  of  such 
Commissioners  in  favor  of  any  such  claim  shall  be  prima 
facie  evidence  of  the  correctness  of  the  demand,  and  when- 
ever Congress  shall  pass  the  claim,  the  same  shall  be  paid  from 


11 

any  money  in  the  Treasury  derived  from  sequestration  un- 
der this  act:  Provided,  That  said  Board  of  Commissioner? 
shall  not  continue  beyond  the  organization  of  the  Court  of 
Claims,  provided  for  by  the  Constitution ;  to  which  Court  of 
Claims  the  duties  herein  provided  to  be  discharged  by  Com- 
missioners shall  belong  upon  the  organization  of  said  Court. 
The  salaries  of  said  Commissioners  shall  be  at  the  rate  of 
two  thousand  five  hundred  dollars  per  annum,  and  shall  be 
paid  from  the  Treasury  of  the  Confederacy.  And  it  shall 
be  the  duty  of  the  Attorney  General  or  his  assistant  to  re- 
present the  interests  of  this  Government  in  all  cases  arising 
under  this  act  before  said  Board  of  Commissioners. 

Sec  15.  Be  it  further  enacted,  That  all  expenses  incurred 
in  proceedings  under  this  Act  shall  be  paid  from  the 
sequestered  fund,  and  the  Judges,  in  settling  accounts  with 
Receivers,  shall  make  to  them  proper  allowances  of  com- 
pensation, taking  two  and  a  half  per  cent,  on  receipts,  and 
the  same  amount  on  expenditures,  as  reasonable  compensa- 
tion, in  all  cases.  The  fees  of  the  officers  of  court  shall  be 
such  as  are  allowed  by  law  for  similar  services  in  other 
cases,  to  be  paid,  however,  only  from  the  sequestered  fund. 
Provided,  That  all  sums  realized  by  any  Receiver  in  one 
year  for  his  services,  exceeding  five  thousand  dollars,  shall 
be  paid  into  the  Confederate  Treasury,  for  the  use  of  tha 
Confederacy. 

Sec.  16.  Be  it  further  enacted,  That  the  Attorney-Gene- 
ral shall  prescribe  such  uniform  rules  of  proceeding  under 
this  law,  not  herein  otherwise  provided  for,  as  shall  meet 
the  necessities  of  the  case. 

Sec  17.  Be  it  further  enacted,  That  appeals  may  lie  from 
any  final  decision  of  the  court  under  this  law,  in  the  same 
manner  and  within  the  same  time  as  is  now,  or  hereafter 
may  be  by  law  prescribed  for  appeals  in  other  civil 
cases. 

Sec  18.  Be  it  further  enacted,  That  the  word  "person" 
in  this  law  includes  all  private  corporations  ;  and  in  all 
cases,  when  corporations  become  parties,  and  this  law  re- 
quires an  oath  to  be  made,  it  shall  be  made  by  some  officer 
of  such  corporation. 

Sec  19.  Be  it  further  enacted,  That  the  courts  are  vested 
with  jurisdiction,  and  required  by  this  Act,  to  settle  all 
partnerships  heretofore  existing  between  a  citizen  and  one: 
who  is  ah  alien  enemy;  to  separate  the  interest  of  the  alien 
enemy,   and   to  sequestrate  it.     And  shall,  also,   sever  all 


12 

joint  rights  when  an  alien  enemy  is  concerned,  and  seques- 
trate the  interest  of  such  alien  enemy. 

Sec.  20.  Be  it  further  enacted,  That  in  all  cases  of  admin- 
istration of  any  matter  or  thing,  under  this  act,  the  court 
having  jurisdiction,  may  make  such  orders  touching  the 
preservation  of  the  property  or  effects  under  the  direction 
or  control  of  the  Receiver,  not  inconsistent  with  the  fore- 
going provisions,  as  to  it  shall  seem  proper.  And  the  Re- 
ceiver may,  at  any  time,  ask  and  have  the  instructions  of 
the  court,  or  Judge,  respecting  his  conduct  in  the  disposi- 
tion or  management  of  any  property,  or  effects  under  his 
control. 

Sec  21.  That  the  Treasury  Notes  of  this  Confederacy, 
:shall  be  receivable  in  payment  of  all  purchases  of  property 
or  effects  sold  under  this  Act. 

Sec  22.  Be  it  further  enacted,  That  nothing  in  this  Act 
.shall  be  construed  to  destroy  or  impair  the  lien  or  other 
rights  of  any  creditor,  a  citizen  or  resident  of  either  of 
the  Confederate  States,  or  of  any  other  person,  a  citizen 
•or  resident,  of  any  country,  State,  or  Territory,  with  which 
this  Confederacy  is  in  friendship,  and  which  person  is  not 
in  actual  hostility  to  this  Confederacy.  And  any  lien  or 
debt  claimed  against  any  alien  enemy,  within  the  meaning 
of  this  Act,  shall  be  propounded  and  filed  in  the  court,  in 
which  the  proceedings  of  sequestration  are  had,  within 
twelve  months  from  the  institution  of  such  proceedings  for 
-  \  ^.sequestration ;  and  the  court  shall  cause  all  proper  parties 
Z^  to  be  made  and  notices  to  be  given,  and  shall  hear  and  de- 
termine the  respective  rights  of  all  parties  concerned  :  Pro- 
vided, however,  That  no  sales  or  payments  over  of  money 
shall  be  delayed  for,  or  by  reason  of,  such  rights  op  proceed- 
ings;  but  any  money  realized  by  the  Receiver,  whether  paid 
into  the  court,  or  Treasury,  or  still  in  the  Receivers'  hands, 
shall  stand  in  lieu  of  that  which  produced  said  money,  and 
be  held  to  answer  the  demands  of  the  creditors  aforesaid,  in 
the  same  manner  as  that  which  produced  such  money  was. 
And  all  claims  not  propounded  and  filed  as  aforesaid,  within 
twelvemonths  as  aforesaid,  shall  cease  to  to  exist  against  tha* 
estate,  property,  or  effects  sequestrated,  or  the  proceeds 
thereof. 

Approved  August  30,  1861. 


DEPARTMENT  OF  JUSTICE, 

Richmond,  12th  September,  1861. 

Instructions  to  Receivers  under  the  Act  entitled  "  An  Act 
for  the  Sequestration  of  the  Estates,  property  and  Effects 
of  Alien  Enemies,  and  for  the  indemnity  of  citizens  of 
the  Confederate  States,  and  persons  aiding  the  same  in  the 
existing  war  against  the  United  States." — Approved  Si)th 
August,  1861. 

I.  The  following  persons  are  subject  to  the  operation  of 
the  law  as  Alien  Enemies : 

1st.  All  citizens  of  the  United  States,  except  citizens  or 
residents  of  Delaware,  Maryland,  Kentucky  or  Missouri,  or 
the  District  of  Columbia,  or  the  Territories  of  New  Mexico, 
Arizona,  or  the  Indian  Territory  South  of  Kansas.  * 

2nd.  All  persons  who  have  a  domicil  within  the  States  with 
which  this  Government  is  at  war,  no  matter  whether  they  be 
citizens  or  not:  Thus  the  subjects  of  great  Britain,  France 
or  other  neutral  nations,  who  have  a  domicil,  or  are  carrying 
on  business  or  traffic  within  the  States  at  war  with  this  Con- 
federacy are  alien  Enemies  under  the  law. 

3rd.  All  such  citizens  or  residents  of  the  States  of  Dela- 
ware, Maryland,  Kentucky  or  Missouri,  and  of  the  Territo- 
ries of  New  Mexico,  Arizona  and  the  Indian  Territory  south 
of  Kansas,  and  of  the  District  of  Columbia,  as  shall  commit 
actual  hostilities  against  the  Confederate  States,  or  aid,  or 
abet  the  United  States  in  the  existing  war  against  the  Con- 
federate States. 

II.  Immediately  after  taking  your  oath  of  office,  you  will 
take  possession  of  all  the  property  of  every  nature  and  kind 
whatsoever  within  your  District  belonging  to  alien  Enemies 
as  above  defined. 

III.  You  will  forthwith  apply  to  the  Clerk  of  the  Court 
for  Writs  of  Garnishment  under  the  8th  Section  of  the  law, 
and  will  propound  to  the  Garnishees  the  interrogatories  of 
which  a  form  is  annexed. — These  interrogatories  you  will 
propound  to  the  following  persons,  viz  : 

1st.  All  Attorneys  and  Counsellors  practicing  law  within 
your  District. 

2nd.   The  Presidents  and  Cashiers  of  all  Banks,  and  prin- 


14 

cipal  administrative  officers  of  all  Rail  Road  and  other  cor- 
porations within  your  District. 

3rd.  All  Agents  of  Foreign  Corporations,  Insurance 
Agents,  Commission  Merchants  engaged  in  foreign  trade, 
Agents  of  Foreign  Mercantile  Houses,  Dealers  in  Bills  of 
Exchange,  Executors  and  Administrators  of  Estates,  As- 
signees and  Syndics  of  Insolvent  Estates,  Trustees,  and  gen- 
erally all  persons  who  are  known  to  do  business  as  Agents 
for  others. 

IV.  In  the  first  week  of  each  month,  you  will  exhibit  to  the 
Judge,  a  statement  showing  the  whole  amount  of  money  in 
your  hands  as  Receiver,  and  deposit  the  same  for  safe  keep- 
ing, in  such  bank  or  other  depository  as  may  be  selected  for 
that  purpose  by  the  Judge — reserving  only  such  amount  as 
may  be  required  for  immediate  necessary  expenditure  in  the 
discharge  of  your  duties  as  Receivers. 

Y.  You  are  strictly  prohibited  from  making  personal  use 
in  any  manner  whatever,  or  investing  in  any  kind  of  property, 
or  loarilng  with  or  without  interest,  or  exchanging  for  other 
funds,  without  leave  of  the  Court,  any  money  or  funds  of  any 
kind  received  by  you  in  your  official  capacity. 

VI.  You  are  prohibited  from  employing,  except  at  your 
own  personal  expense,  any  Attorney  or  Counsellor  to  aid 
you  in  the  discharge  of  your  duties,  other  than  the  District 
Attorney  of  the  Confederate  States  for  your  District :  and 
you  are  instructed  to  invoke  his  aid  under  the  9th  Section 
of  the  law,  in  all  matters  of  litigation  that  may  arise  under 
the  law. 

VII.  You  will  take  special  care  to  avoid  the  loss  or  dete- 
rioration of  all  personal  property  perishable  in  its  nature, 
by  applying  for  the  sale  thereof  under  the  provisions  of  the 
12th  Section  of  the  law. 

VIII.  You  will  keep  an  account,  showing  exactly  all  sums 
received  by  you  as  allowances  of  compensation  under  the 
fifteenth  Section  of  the  law,  setting  forth  the  date  and 
amount  of  each  receipt  of  such  sums:  and  as  soon  as  the 
amount  received  by  you,  in  any  one  year,  shall  reach  the 
gum  of  five  thousand  dollars,  you  will  pay  over  to  the  As- 
sistant Treasurer  of  the  Confederate  States,  most  convenient 
to  your  domicil,  all  further  sums  allowed  you  as  compensa- 
sation,  taking  duplicate  receipts  therefor,  one  to  be  retained 
as  a  voucher  by  yourself,  and  the  other  to  be  forwarded  by 
niail  to  the  Secretary  of  the  Treasury 

IX.  Whenever,  in  the  discharge  of  your  duties,  you  dis- 


15 

cover  that  any  attorney,  agent,  former  partner,  trustee  or 
other  person  holding  or  controlling  any  property,  rights  or 
credits  of  an  alien  Enemy  has  wilfully  f  tiled  to  give  you  in- 
formation of  the  same,  you  will  immediately  report  the  met 
to  the  District  Attorney  for  your  District,  to  the  end  that 
the  guilty  party  may  be  subjected  to  the  pains  and  penalties 
prescribed  by  the  3d  Section  of  the  law. 

J.  P.  BENJAMIN,  Attorney  General 

The  following  interrogatories  to  garnishees  have  been  pre- 
pared for  your  use,  together  with  a  note  annexed  for  the  in- 
formation of  the  garnishee. 

1.  Have  you  now,  or  have  you  had  in  your  possession  or 
under  your  control  since  the  twenty-first  day  of  May  last, 
(1861,)  aid  if  yea,  at  what  time,  any  land  or  lands,  tene- 
ment or  tenements,  hereditament  or  hereditaments,  chattel  or 
chattels,  right  or  rights,  credit  or  credits  within  the  Confed- 
erate States  of  America  held,  owned,  possessed  or  enjoyed 
for  or  by  an  alien  Enemy:  or  in  or  to  which  any  alien  Ene- 
my had,  and  when,  since  that  time,  any  right,  title  or  inter- 
est, either  directly  or  indirectly  ? 

2.  If  you  answer  any  part  of  the  foregoing  interrogatory 
in  the  affirmative,  then  set  forth  specifically  and  particularly 
a  description  of  such  property,  right,  title,  credit  or  inter- 
est, and  if  you  have  disposed  of  it  in  whole  or  in  part,  or  of 
the  profit  or  rent  or  interest  accruing  therefrom,  then  state 
when  you  made  such  disposition,  and  to  whom :  and  where 
such  property  now  is  and  by  whom  held  ? 

3.  Were  you  since  the  twenty-first  day  of  May,  1861,  and 
if  yea,  at  what  time,  indebted  either  directly  or  indirectly,  to 
any  alien  Enemy  or  alien  Enemies  ?  If  yea,  state  the  amount 
of  such  indebtedness  if  one,  and  of  each  indebtedness  if 
more  than  one ;  Give  the  name  or  names  of  the  creditor  or 
creditors,  and  the  place  or  places  of  residence,  and  state 
whether,  and  to  what  extent,  such  debt  or  debts  have  been 
discharged,  and,  also,  the  time  and  manner  of  the  discharge. 

4.  Do  you  know  of  any  land  or  lan^s,  tenement  or  tene- 
ments, hereditament  or  hereditaments,  chattel  or  chattels, 
right  or  rights,  credit  or  credits,  within  the'C  on  federate  States 
of  America,  or  any  right  or  interest  held,  owned,  possessed  or 
enjoyed  directly  or  indirectly  by  or  for  one.,  or  more  alien 
enemies  since  the  twenty-first  day  of  May,  1861,  or  in  or 
to  which  any  one  or  more  alien  enemies  had  since  that  time 
any  claim,  title,  or  interest  direct  or  indirect  ?     If  yea,  set 


16 

forth  specifically  and  particularly  what  and  where  the  pro- 
perty is,  and  the  name  and  residence  of  the  holder,  debtor, 
trustee  or  agent. 

5.  State  all  else  that  you  know  which  may  aid  in  carrying 
into  full  effect  the  Sequestration  Act  of  the  30th  August, 
1861,  and  state  the  same  as  fully  and  particularly  as  if 
thereunto  specially  interrogated. 

A.  B.,  Receive?*. 

Kote. — The  Garnishee  in  the  foregoing  interrogatories  is 
specially  warned,  that  the  Sequestration  Act  makes  it  the 
duty  of  each  and  every  citizen  to  give  the  information  asked 
in  said  interrogatories.  [Act  of  30th  August,  1861,  Sec- 
tion 2.] 

And  if  any  attorney,  agent,  former  partner,  trustee  or 
other  person  holding  or  controlling  any  property  or  interest 
therein  of  or  for  any  alien  Enemy  shall  fail  speedily  to  in- 
form the  Receiver  of  the  same,  and  to  render  him  an  ac- 
count of  such  property  or  interest,  he  shall  be  guilty  of  a 
high  misdemeanor,  and,  upon*  conviction,  shall  be  fined  in  a 
sum  not  exceeding  five  thousand  dollars,  and  imprisoned  not 
longer  than  six  months,  and  be  liable  to  pay  besides  to  the  Con-, 
federate  States,  double  the  value  of  the  property  or  interest  of 
the  alien  Enemies  so  held  or  subject  to  his  control.   [Sec.  3.] 

The  Attorney  General  has  also  prescribed  the  following 
rule  of  practice  for  the  Courts,  by  virtue  of  the  authority 
vested  in  him  under  the  16th  Section  of  the  law: 

RULE. 

Garnishees,  to  whom  written  or  printed  interrogatories  are 
addressed,  may  make  appearance  by  filing  written  answers, 
sworn  to  before  a  Justice  of  the  Peace  or  other  competent 
officer,  unless  specially  ordered  by  the  Court  to  appear  in 
person. 


• 

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pH8.5 


